Duty To Warn Law Essay

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The duty to warn state laws were created as a response to the Supreme Court ruling. The duty to warn laws various from state to state and therefore social workers must be mindful of how their state laws are construed. The duty to warn law creates ethical dilemmas for practicing clinicians as the decision to break confidentiality is somewhat subjective in nature. Nebraska Legislature. (2014) has passed its own version of the duty to warn act and includes the following: “No person licensed or certified pursuant to the Mental Health Practice Act shall disclose any information he or she may have acquired from any person consulting him or her in his or her professional capacity except: (1) With the written consent of the person or, in the case of death or disability, of the person's personal representative, any other person authorized to sue on behalf of the person, or the beneficiary of an insurance policy on the person's life, health, or physical condition. When more than one person in a family receives therapy conjointly, each such family member who is legally competent to execute a waiver shall agree to the waiver referred to in this subdivision. Without such a waiver from each family member legally competent to execute a waiver, a practitioner shall not disclose information received from any family member who …show more content…

Regents of the University of California. This situation evolved when Tatiana Tarasoff parents brought suit against the university when their daughter’s murder could have been prevented by the psychologist willingness to share confidential information regarding her possible

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